Cited by
Opinions in Louisiana that cite Perrin v. Rodriguez, 153 So. 555.
-
Rajnowski v. St. Patrick's Hosp.
564 So. 2d 671
La. 1990
Despite the fact that contra non valentem was a doctrine of general applicability to the law of liberative prescription, its application to medical malpractice cases was recognized in only two cases prior to 1975, and Steel v. Aetna Life & Cas., writ denied, (1975).
- Bunge Corp. v. Gatx Corp. 557 So. 2d 1376 La. 1990
-
Lynch v. Foster
376 So. 2d 342
La. Ct. App. 3d Cir. 1979
2 Cir. 1978), writ denied, ; (La.App.Orl.
-
Lambert v. Michel
364 So. 2d 248
La. Ct. App. 3d Cir. 1979
*251 (La.App.orl.1934); (La.App.
-
McClendon v. State, Through Dept. of Corrections
357 So. 2d 1218
La. Ct. App. 1st Cir. 1978
On this same point is the later case of Perrin v. Rodriguez, La.App., (Orl.App., 1934) involving a medical malpractice suit which held that it was not until the plaintiff had changed physicians that he learned that his trouble was due to his former physician's (Rodriguez) negligence.
-
Brown v. State, Through Dept. of Correction
354 So. 2d 633
La. Ct. App. 1st Cir. 1977
[2] Perrin v. Rodriguez, La.App., (4th Cir., 1934); Lucas v. Commercial Union Insurance Co., La.App., (1st Cir., 1967); Cartwright v. Chrysler Corp., 255 La.
- Couvillion v. St. Paul Fire & Marine Insurance 328 So. 2d 737 La. Ct. App. 1st Cir. 1976
- Duhon v. Saloom 323 So. 2d 202 La. Ct. App. 3d Cir. 1976
- Marcel v. Hospital Corp. of Sisters of Saint Joseph 322 So. 2d 302 La. Ct. App. 1st Cir. 1975
- Neyrey v. Lebrun 309 So. 2d 722 La. Ct. App. 4th Cir. 1975
- Lemoine v. Avoyelles Farmers Co-Op 307 So. 2d 762 La. Ct. App. 3d Cir. 1975
-
Hunter v. SISTERS OF CHARITY OF INCANATE WORD
236 So. 2d 565
La. Ct. App. 1st Cir. 1970
Plaintiffs maintain that Perrin v. Rodriguez, La.App., , and R. J. Reynolds Tobacco Company v. Hudson, 5 Cir., 314 F.2d 776 , are authority for the proposition that prescription does not run against a tort action until the injured plaintiff becomes aware that his injuries resulted from defendant's alleged negligence.
-
Dagenhart v. Robertson Truck Lines, Inc.
230 So. 2d 916
La. Ct. App. 1st Cir. 1970
On this same point is the later case of Perrin v. Rodriguez, La.App., (Orl.App., 1934) involving a medical malpractice suit which held that it was not until the plaintiff had changed physicians that he learned that his trouble was due to his former physician's (Rodriguez) negligence.
-
Lucas v. Commercial Union Insurance Company
198 So. 2d 560
La. Ct. App. 1st Cir. 1967
Appellant also cites and relies upon Perrin v. Rodriguez, et al., La.App., , and McLaughlin v. Western Union Telegraph Company, 5 Cir., 17 F.2d 574 , in support of the contention that prescription does not begin to run on an action in tort until the injured party becomes aware of his injuries.
-
Penn v. Inferno Manufacturing Corporation
199 So. 2d 210
La. Ct. App. 1st Cir. 1967
(Italics ours) The Walter case, supra, has been cited with approval by the Second Circuit Court of Appeal in the case of Youngblood v. Burke [La.App.], , , Orleans Court of Appeal (1934) wherein the following language is found: `A defendant who either intentionally or unknowingly `succeeds in concealing from a creditor his cause of action cannot be allowed to reap the benefit of his own wrong.'
- Springer v. Aetna Casualty and Surety Company 169 So. 2d 171 La. Ct. App. 4th Cir. 1964
-
Phelps v. Donaldson
142 So. 2d 585
La. Ct. App. 3d Cir. 1962
App., , the court observed: "It is the nature of the duty breached that should determine whether the action is in tort or in contract.
-
Mills v. Doty
116 So. 2d 710
La. Ct. App. 1st Cir. 1959
In support of plaintiff’s position, he cites and relies upon the authority of Perrin v. Rodriguez, La.App., , and urges that prescription did not begin to run until he was informed by Doctor Banks of the alleged actionable wrong committed by the defendant.
-
Aegis Insurance Co. v. Delta Fire & Casualty Co.
99 So. 2d 767
La. Ct. App. 1st Cir. 1958
*783 Plaintiff also relies upon the case of Perrin v. Rodriguez, La.App., .
-
Fairley v. Douglas
76 So. 2d 576
La. Ct. App. 1st Cir. 1955
In Perrin v. Rodriguez, La.App., and Comeaux v. Miles, 9 La.App.
-
Meyer v. St. Paul-Mercury Indemnity Co.
61 So. 2d 901
La. Ct. App. 1st Cir. 1952
We have no doubt of the correctness of this conclusion, and we refer to it only because, in Perrin v. Rodriguez, La.App., , we found that there had been negligence in failing to remove all of the broken parts of the tooth from the patient, but we did so because, in that case, it had been "conceded" by counsel.
-
Home Ins. Co. v. Highway Ins. Underwriters
52 So. 2d 449
La. Ct. App. 1st Cir. 1951
lists some of these so-called exceptions in its second syllabus as follows: “ ‘2.
-
Brashears v. Peak
19 So. 2d 901
La. Ct. App. 1st Cir. 1944
In the light of the testimony on the question of negligence in the case before us, , the Court of Appeal, Orleans Parish, had under consideration a case in which, as is stated in the opinion, "it is conceded that it is negligent for a dentist who removes a tooth to allow any part to remain in the mouth of the patient."